The Star Beacon; Ashtabula, Ohio

Local News

June 6, 2009

Uncle, nephew plead guilty

Duo sentenced to eight years in beating, kidnapping case

JEFFERSON — A plea-agreement will put two men who kidnapped and brutally beat a 58-year-old man in Ashtabula last March in prison for the next eight years.

Harold E. Baker, 40, 433 W. Prospect Road, Ashtabula, and his nephew Bryan L. Baker, 23, 8417 Center Road, Austinburg Township, pleaded guilty Friday to first-degree felony charges of attempted murder and kidnapping relating to a March 16 incident in Harold Baker’s apartment, court records show. A charge of aggravated robbery was dismissed as part of the stipulated plea.

Moments after the men entered their guilty pleas, Ashtabula Common Pleas Court Judge Alfred Mackey sentenced them both to five years in prison on the attempted murder charge and three years on the kidnapping. The sentences will be served consecutively for a total of eight years behind bars.

They will be eligible for release after five years, Mackey said.

The sentences of the men could be lengthened because both were on probation for prior offenses. Bryan Baker was convicted of assault on a police officer, while Harold Baker is on probation for an offense in Lake County. Parole officials will examine the situation and make a recommendation, officials said.

A jury trial on charges of attempted murder, kidnapping and aggravated robbery was scheduled to start Tuesday. The men faced a maximum penalty of 30 years in jail and a $60,000 fine if found guilty.

The pair was charged with nearly beating Ashtabula resident Terry Foster Sr. to death during an apparent robbery attempt on March 16, police and court records show.

Police arrested the Bakers after Chris Perry, Harold E. Baker’s neighbor, heard a loud banging noise at 12:45 a.m. March 16, coming from the apartment. He then heard a man cry out for help. Perry walked out into the foyer and peered into Baker’s kitchen window. He soon realized something was terribly wrong and called police.

Police found Foster with his feet bound and his body severely beaten. They discovered the Bakers hiding in the bathroom and back bedroom, both covered in blood from beating Foster, according to police reports.

Perry helped with first aid on Foster until ambulance and rescue crews arrived on the scene. Later, Perry realized he knew the victim but did not recognize him at the time because his face was so bloody and beaten, he said.

“(Perry) is the hero in this case,” Margaret Draper, assistant county prosecutor, said prior to Friday’s hearing.

The defendants have remained in jail on $150,000 cash or surety bonds, court records show. The men, shackled and wearing county jail uniforms, shed little light on the crime Friday when questioned by Mackey.

A tearful Bryan Baker said he and his uncle had been drinking when they encountered Foster in an Ashtabula bar. At one point in the evening, Foster began calling Baker names, which he ignored.

“I kept my cool,” he said.

Foster gave the pair a ride to Harold Baker’s apartment, where Foster again resumed his insulting and taunting remarks, Bryan Baker said.

“I snapped,” Baker sobbed. “I hit him and I didn’t stop. I couldn’t stop.”

Baker estimated he struck Foster 15 times. Harold Baker had no role in the attack, except to help clean up some of the blood, Bryan Baker said.

Harold Baker — who said he is bi-polar, schizophrenic and diagnosed with a “personality disorder” — told Mackey he mixed alcohol and medication on the night in question and didn’t remember much. After arriving at his apartment with his nephew and Foster, Harold Baker said he recalled hearing the younger Baker telling Foster to watch his words.

Draper said the defendants omitted a few details. Police believe the trio were trying to obtain personal account information from Foster’s bank card. Foster’s wallet was found in an Ashtabula police car that transported Bryan Baker to jail.

“We believe the motive was robbery,” Draper said.

Foster was bound and both Bakers participated in the beating, which resulted in fractures to his face and upper body, Draper said. An attempt was apparently made to shove a bleach-soaked rag down Foster’s throat, she said.

“Had Foster not received immediate medical attention, he could’ve bled to death,” Draper said.

Foster was hospitalized and underwent facial surgery at a Cleveland hospital. He has since recovered physically from the attack, Draper said.

Foster endorsed Friday’s plea agreement, Draper told the court. “He understands it, accepts it and goes along with it,” she said.

Harold Baker was represented by attorney Hobart Shiftlet, while Bryan Backer was represented by public defender Marie Lane.

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